♪.
LARRY: SO QUESTION BEFORE THE
HOUSE, IT’S A IMPORTANT,
RELEVANT, GERMANE QUESTION, DID
THE SUPREME COURT END BIDEN’S
WAR AGAINST FOSSIL FUELS?
JOINING US NOW TO TALK ABOUT IT
IS KEVIN CRAMER, NORTH DAKOTA
SENATOR.
FIRST OF ALL, MR. CRAMER, HOW
ARE YOU FEELING, SIR?
>> I FEEL PRETTY GOOD, LARRY.
MY HAND IS HEALING WELL.
I’M SHORT HALF-INCH OR SO ON ONE
FINGER BUT I THINK I WILL BE
FINE.
LARRY: WE WERE PRAYING FOR YOU.
EVERYBODY WAS PRAYING FOR YOU.
YOU’RE WELL AWARE OF
WEST VIRGINIA VERSUS EPA.
IT WAS A BIG VICTORY,
PRESUMABLY, I DON’T KNOW, FOR
THE PEOPLE.
>> RIGHT.
LARRY: IN YOUR ASSESSMENT AND
WHEN YOU TALK TO FOLKS WHAT ARE
THEY SAYING?
THIS COULD BE THE BEGINNING OF
THE END OF THE WAR AGAINST
FOSSIL FUELS.
WE DON’T HAVE THE WHITE HOUSE.
WE, REGULATORY OVERREACH IS OUT
OF FASHION RIGHT NOW, WHAT DO
YOU THINK?
>> LARRY, I THINK THAT IS
EXACTLY RIGHT.
I THINK WEST VIRGINIA VERSUS EPA
WHICH NORTH DAKOTA WAS A PARTY
TO, WHILE IT ISN’T PRECEDENT
SETTING IN SORT OF A BROADWAY,
IT CERTAINLY GIVE AS CLEAR
SIGNAL FROM THIS COURT THE
OVERREACH OF THE FEDERAL
GOVERNMENT WILL NOT BE
TOLERATED.
IN FACT THERE ARE LIMITS ON THE
RULES AND REGULATIONS
ENVIRONMENTAL AND OTHER AGENCIES
CAN YOU KNOW, PUSH ON, FORCE ON
INDUSTRY, UNLESS OF COURSE IT IS
SOMETHING THAT THE PEOPLE’S
REPRESENTATIVES IN CONGRESS HAVE
PASSED INTO LAW AND WHAT WE HAVE
SEEN ARE THESE AGENCIES DOING
EXTRA, LEGAL, EXTRA STATUTORY,
EXTRA EVEN CONSTITUTIONAL RULES
AND GETTING BUY WITH IT UNTIL
NOW.
SO THIS IS A MAJOR VICTORY.
I THINK WEST VIRGINIA VERSUS EPA
IS JUST THE BEGINNING FRANK,LY,
LARRY, OF THE PUSHBACK AGAINST
THE STATE REALLY.
LARRY: TELL ME MORE ABOUT THAT,
SENATOR, BECAUSE I’M GOING TO,
I’M GOING TO PRESUME YOU’RE
THINKING ABOUT HOW THE LOWER
COURTS WILL WORK TO IMPLEMENT
THE SUPREME COURT DECISION, IS
THAT BASICALLY WHERE YOU’RE
GOING?
>> WELL, THAT’S RIGHT, LARRY,
BUT LET’S FIRST GO TO THE SOURCE
OF THE PROBLEM.
THAT IS THE AGENCIES.
THE AGENCIES, IF THEY’RE PAYING
ANY ATTENTION, SHOULD RECOGNIZE
THAT THEY DO NOT HAVE THIS EXTRA
STATUTORY, EXTRA CONSTITUTIONAL
AUTHORITY.
SO HOPEFULLY THE RULES THAT COME
OUT FROM THEM, THEY PROMULGATE
AND REGULATIONS THAT COME FROM
THE WHITE HOUSE WILL BE MORE IN
LINE WITH THIS THINKING, YOU
KNOW, WHAT IS FOUNDATIONAL,
FRANKLY TO OUR CONSTITUTION,
THAT IS FEDERALISM, STATES
RIGHTS, INDIVIDUAL RIGHTS.
BUT THEN, IF THEY DON’T, THE
DISTRICT COURTS AND CERTAINLY
THE APPELLATE COURTS WILL, YOU
KNOW, HAVE TO LOOK AT
WEST VIRGINIA VERSUS EPA, THIS
RULING SAY, NOT SO MUCH, FEDERAL
AGENCIES.
WE DON’T DEFER TO YOU.
WE DEFER TO THE CONSTITUTION.
WE DEFER TO STATES.
WE DEFER TO WHAT CONGRESS DID
AND WHAT CONGRESS DOESN’T SPEAK
TO SOMETHING, THAT DOESN’T IMPLY
THAT THEIR ABSENCE SAYING
SOMETHING MEANS YOU CAN DO
WHATEVER YOU WANT.
SO TO ME THIS IS WHY
DONALD TRUMP WAS PRESIDENT FOR
FOUR YEARS.
THIS IS WHY MITCH McCONNELL
WAS MAJORITY LEADER.
SO WE COULD RESTORE THE STATES
RIGHTS TO, YOU KNOW, TO THE
FEDERAL GOVERNMENT AND THE
FEDERAL STATE.
FRANKLY, LARRY, WHAT I THINK
ULTIMATELY, THE BEST OUTCOME
WOULD BE, IF WE HAD A LOT LESS
NEED FOR FEDERAL GOVERNMENT
BECAUSE NOW STATES CAN TAKE BACK
CONTROL OF WHAT STATES ARE
SUPPOSED TO HAVE CONTROL OF.
LARRY: WOULD YOU BE SURE AND
TELL YOUR FRIEND, JOE MANCHIN,
JUST WHAT YOU JUST SAID, THAT WE
HAVE A LOT LESS NEED FOR THE
FEDERAL GOVERNMENT?
>> YEAH.
ISN’T THAT THE TRUTH.
I THINK IN HIS HEART JOE KNOWS
THAT’S THE TRUTH.
LARRY: I THINK HE IS BREAKING MY
HEART.
WE’LL SEE.
I DON’T WANT TO GO TOO FAR DOWN
THAT ROAD.
ONE THING THOUGH, SO, WITH
RESPECT TO THIS DECISION AND THE
LIKELIHOOD THAT IT CURBS
REGULATORY POWER, YET, SENATOR
CRAMER, WITHIN A WEEK OR TWO OF
THE SUPREMES DECISION HERE YOU
GOT THE EPA PUTTING OUT THIS
OZONE RESTRICTION THAT --
>> RIGHT.
LARRY: IT WOULD SHUT DOWN THE
PERMIAN, COULD SHOULD DOWN THE
BAKKEN, COULD SHUT DOWN THE
MARCELLUS, RIGHT?
CAN DO THAT BASED ON THIN AIR,
THERE IS NO CONGRESSIONAL LAW?
>> I THINK, GREAT POINT.
NOT ONLY THAT BUT THEN YOU HAVE
PETE BUTTIGIEG OVER AT THE
DEPARTMENT OF TRANSPORTATION DOING HIS THING WITH GREENHOUSE
DOING HIS THING WITH GREENHOUSE
GAS EMISSION STANDARDS FOR STATE
D.O.T.s WHICH IS DIRECT
ASSAULT ON STATES RIGHTS N THE
INFRASTRUCTURE BILL WE EXCLUDED
FEDERAL GOVERNMENT OF DOING
THIS.
MAYBE I WAS THINKING TOO MUCH
THE AGENCIES WOULD BEHAVE
BETTER.
YOU HAVE TO LOOK AT COURTS,
ENTIRE VALUE CHAIN, UP TO THE
SUPREME COURT OF THE UNITED
STATES TO KNOW THESE ARE NOT,
THESE ARE NOT GOING IN THE
DIRECTION THAT THE SUPREME COURT
SAYS THEY SHOULD.
LARRY: ALL RIGHT.
MY GUESS, IS, SIR, THE BIDENS
WILL TRY TO FIGHT THIS, THEY
WILL LOSE.
NOTHING WILL HAPPEN.
>> I AGREE.
LARRY: IF NOTHING HAPPENED, YOU
KNOW, YOU KNOW, SAY THAT, YOU’RE
ATTORNEY GENERAL OF NORTH DAKOTA
OR IN TEXAS, SOMEPLACE BRING AS
LAWSUIT, THAT WILL AT LEAST STOP
THE BAD STUFF, IS THAT FAIR
ENOUGH?
>> REALLY ISN’T THAT WHAT THE
COURT IS FOR?
THAT IS WHAT LITIGATION SHOULD
BE.
LITIGATION IS THE INTENT, REALLY
FIREWALL IF YOU WILL TO STOP BAD
THINGS FROM HAPPENING.
LARRY: RIGHT.
>> IT IS CONGRESS’ JOB NOT TO
MAKE BAD THINGS HAPPEN.
WHERE BAD THINGS HAPPENED TO
CORRECT THE COURSE THEY CAN.
WHAT I THINK SO SO IMPORTANT,
WHAT IS SO IMPRESSIVE ABOUT THIS
SUPREME COURT IS AGAIN THEY
STICK TO THE CONSTITUTION, THEY
STICK TO THE STATUTE, THEY WANT,
THEY EXPECT AGENCIES TO STICK TO
WHAT HAS BEEN PASSED IN LAW,
WHAT AUTHORITIES THEY HAVE BEEN
GIVEN BY ELECTED REPRESENTATIVES
NOT TO ADD THE EXTRA STATUTORY,
EXTRA CONSTITUTIONAL
AUTHORITIES.
BY THE WAY, I HAD THE
OPPORTUNITY TO VOTE ON TWO
SUPREME COURT NOMINEES, ONE AMY
CONEY BARRETT, MOST RECENTLY
JUDGE BROWN, I INTERVIEWED BOTH
OF THEM.
THIS IS MY MAIN, REALLY MY ONLY
LINE OF QUESTIONING FOR EACH OF
THEM, WHAT’S YOUR POSITION ON
FEDERALISM?
WHAT IS THE ROLE OF FEDERALISM
GOING FORWARD, NOT JUST
HISTORICALLY.
THEY BOTH ANSWERED THE QUESTION
DIFFERENTLY.
IT IS REFLECTED IN THEIR VOTES
OF COURSE ON THESE RULINGS.
LARRY: YOU’RE TERRIFIC SENATOR
CRAMER.
I’M GLAD YOU’RE FEELING WELL.
IF YOU BUY MANCHIN DINNER I WILL
FINANCE IT, FINANCE IT.
PROBABLY BREAK A MILLION FCC
LAWS, WHATEVER.
TELL THEM "KUDLOW" SAYS HELLO.
>> I WILL PASS THE MESSAGE ON.
HE IS GETTING A LOT OF